Pre-nup judgment a “major step forward”

News Flash

20 Oct 2010

Today’s
historic judgment on the status of pre-nuptial agreements is a victory for
fairness and common sense, 5,500 strong family lawyers’ association Resolution
has said today.

Responding
to the Supreme Court’s judgment on Radmacher vs Granatino, which has ruled in
favour of pre-nuptial agreements being effectively binding, Resolution’s Andrew
Greensmith said:

“Today’s
judgment is a major step forward. We know that financial uncertainty is one of
the most stressful elements of any divorce, and a pre-nuptial agreement can be
a useful tool for couples wishing to reduce this uncertainty.

“However,
until today the enforceability of pre-nups has been very uncertain because they
were seen as contrary to public policy and an attempt to override divorce laws.
That principle has been swept away by today’s judgment, which paves the way for
these agreements to become more mainstream and less the preserve of the rich
and famous.”

Andrew
Greensmith continued: “With second marriages on the rise, people marrying
later, and many couples entering marriage with money and property already to
their name, it is likely that there will be more and more demand for
pre-nuptial agreements. This much-needed judgment clarifies their status and is
a victory for fairness and common sense”.

The
judgment is clear that pre-nuptial agreements are presumed to be enforceable
except where they lead to unfair outcomes. Any arguments about unfairness are
to be left to the courts to decide.

Resolution’s
5,500 family lawyer members promote alternatives to court and many of them
are trained as mediators and collaborative lawyers. Resolution was
established 25 years ago. To find out more, visit http://www.resolution.org.uk/